WEBVTT COLLEEN: THE CASE HERE IN ST.FRANCIS RAISES THE QUESTION --SHOULD KIDS FACE FELONIES FORSEXTING?THE ST. FRANCIS SUPERINTENDENTSAYS THE DISTRICT ROUTINELYINSTRUCTED KIDS ON THE DANGERSOF SEXTING EVEN BEFORE THISINVESTIGATION.>> IT'S AN UNFORTUNATE EXAMPLE,BUT WE'LL USE THIS AS ANOPPORTUNITY TO DO FURTHEREDUCATION WITH KIDS.COLLEEN: POLICE SAY A14-YEAR-OLD GIRL AT DEER CREEKSENT NUDE PHOTOS TO SEVERAL BOYSAT SCHOOL USING SNAPCHAT. A 14-YEAR-OLD BOY COPIED THEM,SENT THEM TO FOUR TO FIVESTUDENTS, SHOWED THEM TO 10 TO15 OTHERS, AND SAID HE WAS GOINGTO SEND THEM TO EVERYONE INSCHOOL.>> THE HEART OF THE MATTER IS IFYOU ARE SHARING INAPPROPRIATEIMAGES OR IF YOU ARE DOINGSOMETHING THAT IS BULLYING ORHARASSING, IT'S NOT RIGHT.COLLEEN: THE BOY AND GIRL FACEPOSSIBLE CHILD PORNOGRAPHYCHARGES.CRIMINAL DEFENSE ATTORNEY PAULKSICINSKI SAYS IT SHOULD NOTIS A MISCARRIAGE OF JUSTICE.>> WE DON'T WANT ADULTSEXPLOITING CHILDREN.THIS ISN'T THAT SITUATION.THESE ARE KIDS WHO ARE TRYING TOUNDERSTAND THEIR OWN SEXUALITY,NOT TRYING TO EXPLOIT EACHOTHER.COLLEEN: KSICINSKI SAYSWISCONSIN LAW HASN'T CAUGHT UPWITH TECHNOLOGY.UNLIKE OTHER STATES, IT HAS NOSEXTING LAW, SO PROSECUTORS HEREARE LEFT WITH THE CHILDPORNOGRAPHY STATUTE.FORTUNATELY, HE SAYS COURTS HAVEBEEN CREATIVE IN HANDLINGJUVENILE SEX OFFENDERS.>> IT CAN BE REFERRED FORSUPERVISION BY SOCIAL WORKERSAND HAVE TREATMENT SUCH ASTHERAPY TO HELP THESE KIDSUNDERSTAND WHAT THEY'RE DOING.COLLEEN: POLICE REFERRED THE TWO14-YEAR-OLDS TO CHILDREN'S COURTWHERE PROSECUTORS WILL NOW%

Two St. Francis eighth graders could face child pornography charges after they were caught sexting on Snapchat. Under Wisconsin law, the two could face felonies and be required to register as sex offenders.

The case raises the question: should kids face felonies for sexting?

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The St. Francis superintendent said the district routinely instructed kids on the dangers of sexting even before this investigation.

"It's an unfortunate example, but we'll use this as an opportunity to do further education with kids," said superintendent Blake Peuse.

Police said a 14-year-old girl at Deer Creek sent nude photos to several boys at school using Snapchat. A 14-year-old boy copied them and sent them to four to five students, showed to 10 to 15 others and said "he was going to send them to everyone in school."

"The heart of the matter is if you are sharing inappropriate images or if you are doing something that is bullying or harassing, it's not right," said Peuse.

Now both the boy and girl face possible child pornography charges. Criminal defense attorney Paul Ksicinski considers that a miscarriage of justice.

"We don't want adults exploiting children. This isn't that situation. These are kids who are trying to understand their own sexuality, not trying to exploit each other," said Ksicinski.

Ksicinski said Wisconsin law hasn't caught up with technology. Unlike other states, it has no sexting law, so prosecutors here are left with the child pornography statute. Fortunately, he says courts can be creative in handling a juvenile sexting case.

"It can be referred for supervision by social workers and have treatment such as therapy to help these kids understand what they're doing," he said.

Police referred both eight-graders to children's court, where prosecutors must decide what kind of charges they'll face. The superintendent says both remain students in St. Francis schools.